Criminal Defense Lawyers

Bail revocation lawyers in New York have studied the nuances of the state’s bail laws. There are a number of conditions in which your bail might be revoked or modified. Sometimes a person’s bail conditions will be revoked or modified because they are arrested for a new felony crime while waiting to go on trial for a different case. You can also have your bail conditions revoked if you violate a restraining order or engage in a willful and persistent refusal to appear on scheduled dates. Even if the prosecutor wants to modify the bail because of one of these circumstances, though, this cannot be done until the judge holds a hearing.

During the hearing, the prosecutor will explain why they want your bail conditions to be revoked or modified. The judge will then need to decide whether there’s justifiable cause for the belief that you might have committed a felony while out on bail, or that you may have otherwise violated a restraining order or other described law. The judge must review all pieces of relevant evidence, which can include witnesses being called by the District Attorney’s office. At the hearing, your defense attorney can cross examine the witnesses.

It is possible that a Grand Jury can be used to make a decision instead of having a judge hear testimony. But if the judge does listen to testimony, then this kind of hearing can be a good opportunity for you and your defense counsel. Your defense attorney has a chance to cast doubt upon the DA’s witnesses, bring up challenges to the evidence that’s been compiled against you, and create a record of you having been treated with adversity by law enforcement.

Though there can be long-term benefits to the hearing, the short-term is also a concern. Your defense attorney’s goal is to keep your bail conditions from being made stricter or being revoked entirely. If the prosecutor gets their way, you could be remanded to jail until your trial. Though this is unlikely with New York bail laws as they currently stand, it’s also possible that much stricter bail conditions will be imposed upon you.

If the prosecution in a case is trying to modify your bail conditions, it’s critical that you have an experienced defense attorney behind you. They can advise you on the right course of action and create a spirited defense to try to keep you as free as possible until your trial.

Revocation Hearing Process in Specific Circumstances

There are some rare but serious circumstances in which a revocation hearing becomes mandatory. This means that the prosecution is required to convene a hearing within 72 hours of the event, even if the prosecutor wouldn’t ordinarily voluntarily try to revoke your bail.

In New York, if you are out on bail while waiting to be tried for a current felony accusation, a revocation hearing process becomes mandatory when:

• You are charged with a class A felony
• You are charged with any level of victim or witness intimidation
• You are charged with a violent felony

While waiting for the revocation hearing to be held, the judge has the right to remand you into custody. You will be held with no bail until the prosecutors have had their revocation hearing. You will not be permitted to leave custody until the prosecutors establish cause to believe that you are the perpetrator of the new crime. If the prosecutors establish good cause, they can ask the court for another 72 hours so that the District Attorney can conduct the hearing. You and your defense attorney also have the right to ask for an extra 72 hours in custody should you decide it’s beneficial for your case.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

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2024-03-12

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2024-03-12

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2024-02-28

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divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Revocation Hearing Process

If you are charged with a new felony while out on bail regarding a different felony charge, the judge must conduct a hearing before they can restrict your bail conditions. The judge must also determine whether there’s reasonable cause to believe you committed any of the crimes that require a mandatory revocation hearing.

Should the judge find reasonable evidence that you did commit one of these crimes, they will then be required to adversely modify the bail.

There are a number of other circumstances in which a judge may choose to adversely modify your bail, but it’s at their discretion. These include:

• Being charged with a non-violent felony offense
• Being arrested for witness tampering or intimidation after being released on bail for a misdemeanor
• Violating a restraining order of any kind
• Persistently and willfully refusing to show up to scheduled hearings

Before the judge can adversely modify your bail conditions, they need to determine that there is convincing and clear evidence that you did indeed commit the act in question